Possession of Child Pornography & Trafficking –What the Law States
Possessions of child pornography, and the distribution of it, are some of the most targeted activities for investigation by both federal and state law enforcement agencies. Of course, a person has to knowingly possess pornographic images of children to be guilty of possession, and the images have to be real (non-computer generated) images of underage persons (children) for a legitimate prosecution.
Practical problems some people encounter are learning of pornographic images that were loaded onto their sites without their knowledge, or certain images that were transferred without intent to distribute. These situations, in both pre-Indictment and post-Indictment stages, require the use of expert computer forensic services to establish facts that may not be known to investigators.
Both the United States Code (federal criminal laws) and the Texas Penal Code (state criminal laws) contain laws against possession of child pornography and distributing the same. Prosecutions under federal criminal laws can result in harsh sentences due to the existence of the United States Sentencing Guidelines (U.S.S.G.). The U.S.S.G. is a point system that is driven by the number of images that are the subject of the prosecution, as well as other related enhancements. Such enhancements could include the nature of the images and whether these were shared or distributed.
Title 18, United States Code, Section 2252 and 2252A, set forth the federal crimes regarding possession and/or trafficking of child pornography. Title 18, U.S.C. 2252A reads as follows:
Federal Statutes in the United States Code:)
(a) Any person who
(1) knowingly mails, or transports or ships in interstate or foreign commerce by any means, including by computer, any child pornography;
(2) knowingly receives or distributes
(A) any child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer; or
(B) any material that contains child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer;
(3) knowingly
(A) reproduces any child pornography for distribution through the mails, or in interstate or foreign commerce by any means, including by computer; or
(B) advertises, promotes, presents, distributes, or solicits through the mails, or in interstate or foreign commerce by any means, including by computer, any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is, or contains
(i) an obscene visual depiction of a minor engaging in sexually explicit conduct; or
(ii) a visual depiction of an actual minor engaging in sexually explicit conduct;
(4) either
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly sells or possesses with the intent to sell any child pornography; or
(B) knowingly sells or possesses with the intent to sell any child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer;
(5) either
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly possesses any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography; or
(B) knowingly possesses any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer; or
(6) knowingly distributes, offers, sends, or provides to a minor any visual depiction, including any photograph, film, video, picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, where such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct
(A) that has been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer;
(B) that was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer; or
(C) which distribution, offer, sending, or provision is accomplished using the mails or by transmitting or causing to be transmitted any wire communication in interstate or foreign commerce, including by computer,
for purposes of inducing or persuading a minor to participate in any activity that is illegal.[1]
shall be punished as provided in subsection (b).
(b)
(1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), (3), (4), or (6) of subsection (a) shall be fined under this title and imprisoned not less than 5 years and not more than 20 years, but, if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 15 years nor more than 40 years.
(2) Whoever violates, or attempts or conspires to violate, subsection (a)(5) shall be fined under this title or imprisoned not more than 10 years, or both, but, if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 10 years nor more than 20 years.
(c) It shall be an affirmative defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) that
(1)
(A) the alleged child pornography was produced using an actual person or persons engaging in sexually explicit conduct; and
(B) each such person was an adult at the time the material was produced; or
(2) the alleged child pornography was not produced using any actual minor or minors.
No affirmative defense under subsection (c)(2) shall be available in any prosecution that involves child pornography as described in section 2256 (8)(C). A defendant may not assert an affirmative defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) unless, within the time provided for filing pretrial motions or at such time prior to trial as the judge may direct, but in no event later than 10 days before the commencement of the trial, the defendant provides the court and the United States with notice of the intent to assert such defense and the substance of any expert or other specialized testimony or evidence upon which the defendant intends to rely. If the defendant fails to comply with this subsection, the court shall, absent a finding of extraordinary circumstances that prevented timely compliance, prohibit the defendant from asserting such defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) or presenting any evidence for which the defendant has failed to provide proper and timely notice.
(d) Affirmative Defense. It shall be an affirmative defense to a charge of violating subsection (a)(5) that the defendant
(1) possessed less than three images of child pornography; and
(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof
(A) took reasonable steps to destroy each such image; or
(B) reported the matter to a law enforcement agency and afforded that agency access to each such image.
(e) Admissibility of Evidence. On motion of the government, in any prosecution under this chapter or section 1466A, except for good cause shown, the name, address, social security number, or other nonphysical identifying information, other than the age or approximate age, of any minor who is depicted in any child pornography shall not be admissible and may be redacted from any otherwise admissible evidence, and the jury shall be instructed, upon request of the United States, that it can draw no inference from the absence of such evidence in deciding whether the child pornography depicts an actual minor.
(f) Civil Remedies.
(1) In general. Any person aggrieved by reason of the conduct prohibited under subsection (a) or (b) or section 1466A may commence a civil action for the relief set forth in paragraph (2).
(2) Relief. In any action commenced in accordance with paragraph (1), the court may award appropriate relief, including
(A) temporary, preliminary, or permanent injunctive relief;
(B) compensatory and punitive damages; and
(C) the costs of the civil action and reasonable fees for attorneys and expert witnesses.
TEXAS STATUTES CHILD PORNOGRAPHY
The following are the state criminal laws against possession or distribution of child pornography, as stated in the Texas Penal Code. Note that under state law in Texas, the prohibitions include images of a child younger than eighteen (18) years of age. The following statutes are from Chapter 43, Texas Penal Code, specifically Section 43.26, Possession or Promotion of Child Pornography:
43.26. POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY.
(a) A person commits an offense if:
(1) the person knowingly or intentionally possesses
visual material that visually depicts a child younger than 18 years
of age at the time the image of the child was made who is engaging in
sexual conduct; and
(2) the person knows that the material depicts the
child as described by Subdivision (1).
(b) In this section:
(1) “Promote” has the meaning assigned by Section
43.25.
(2) “Sexual conduct” has the meaning assigned by
Section 43.25.
(3) “Visual material” means:
(A) any film, photograph, videotape, negative,
or slide or any photographic reproduction that contains or
incorporates in any manner any film, photograph, videotape,
negative, or slide; or
(B) any disk, diskette, or other physical medium
that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.
(c) The affirmative defenses provided by Section 43.25(f)
also apply to a prosecution under this section.
(d) An offense under Subsection (a) is a felony of the third
degree.
(e) A person commits an offense if:
(1) the person knowingly or intentionally promotes or
possesses with intent to promote material described by Subsection
(a)(1); and
(2) the person knows that the material depicts the
child as described by Subsection (a)(1).
(f) A person who possesses visual material that contains six
or more identical visual depictions of a child as described by
Subsection (a)(1) is presumed to possess the material with the
intent to promote the material.
(g) An offense under Subsection (e) is a felony of the second degree.
Neil Lemons represents Dallas-based criminal attorney John Teakell, who offers defense for the crime of possession & trafficking of child pornography as well as other sexual offenses. For more information, visit http://www.teakelllaw.com.
No Good Deed Goes Unpunished: The Surrogate Father and Child Support Under Illinois Law
Imagine the following: a woman you have known for many years, perhaps since childhood, considers you a dear friend, a man of character and intelligence. She is approaching her late thirties and wishes to have a baby, but no longer wishes to be burdened by a marriage in order to have the child.
She comes to you and asks to donate your sperm so that she might be able to have a baby. Needless to say, this request is done out of great respect for you and in consideration of her complete trust and knowledge of who you are as a person.
After a thorough discussion, both of you agree to your friend’s proposition. Rather than pay a lawyer, your friend goes on the internet and get one of those “forms” regarding sperm donation and surrogate fatherhood.
In the form, it is stipulated that you are donating your sperm without any rights as a parent. Your friend is financially independent enough to support the child herself, and stipulates in the agreement that she waives all claims of child support on behalf of the child, and college expenses thereafter. Your friend also agrees to provide health insurance for the child and all other necessaries for the child’s upbringing.
The whole matter seems simple enough: you will not be in any way responsible financially for the child. You then go through the necessary procedures to make your friend’s dream come true.
Seven years later, your friend calls you on the phone and says that she has had a financial setback. She asks if you will help her pay for child support. You, of course, refuse because of the promises she made in the agreement both of you signed. Shortly thereafter, you are slapped with a petition to determine the amount you must contribute to support the child.
After hiring an attorney, you learn that your supposed “agreement” is invalid under Illinois Law. As a result, you are now obligated to pay child support until the child is eighteen years old in an amount equaling 20% of your income.
Clearly, this is a nightmare scenario for the innocent donor. Yet, this is exactly what would happen under Illinois law: public policy demands that children be supported by their “parents.” Whether the child was born out of wedlock or born through artificial means is of no concern. The state is far more concerned that the child does not become a public ward than how a child is conceived. Thus, parents cannot agree among themselves for one parent to “waive” child support.
For this reason, the Illinois courts have the power to invalidate any agreement or any portion thereof that is contrary to the state’s public policy. Accordingly, the donor’s attempt to rely upon his agreement with the mother will not be enforced, and the court will invalidate that portion of the agreement that allowed the donor to waive support for the child.
Is there a way around this problem for the donor? No. Not one that someone could confidently say poses no risks to the donor. However, there might be ways that the above risks could at least be may be reduced.
One way might be to have the donor pay child support at 20% of his net income in child support. However, the parties could then enter into a separate agreement wherein the parties agree that the donor is to be paid for his donation to the putative mother until the child reaches 18 years of age. The second agreement would provide that the putative mother is to pay the donor an amount equal to 20% of his net income until the child reaches majority.
Women are paid for surrogate motherhood. There is no reason a husband can’t be paid for the donation of his sperm to the bringing forth of the child. At least superficially, there would appear to be no public policy offended if the mother paid the donor for his providing an essential element to childbirth.
Of course, the donor could still be vulnerable to a change in the mother’s financial circumstances. She might not be able to pay the donor in the future– but the donor would still be obligated to pay child support. Further, the court could invalidate both agreements as violating public policy if it were to determine that the separate agreement was merely a sham to avoid the donor from really paying child support.
In the end, there are no easy solutions to this issue. Until the legislature immunizes a donor from claims for child support, his generosity and consideration could be the largest financial mistake of his life. Thus, it would be folly for a man who is considering being a direct donor to not consult with a lawyer first, at the woman’s expense, of course.
Disclaimer: Any statements contained herein are not legal advice. Rather, the statements contained in this article are merely the opinions of an Illinois practitioner who currently concentrates his practice in the area of family law.
With 20 years of experience, Jeffrey M. Brown concentrates his Chicago law practice on divorce and custody matters, recognizing the emotional components of divorce and providing clients with the means to get that support-and the best results possible.
http://www.yourdivorcewithdignity.com
A Background Check Will Help You Keep Your Business and Your Family Safe
A background check is the best way to protect your business and your family especially if you own a small business. According to the government a small business is anyone who employs fewer than 500 people. If you are one of those businesses this can mean that your funds are limited as to what human resources you can use to protect yourself. If you dont know what this means you need to consult someone about getting a background check.
It used to be that any business or homeowner could take someone at their word or even verbal references to hire them for everything from managing a small business to watching their children. Things have changed now. The political climate is changing to the point where even people who take regular jobs can now be suspect to criminal activity. There isnt a need for alarm or paranoia just caution. This is why a background check is important to pursue if you employ someone in your small business or home.
A background check for someone at a small business is very important. If you run an office any employee has access to your computer files. If an employee corrupts your files whether they are hard copies or computer files or if they have a key to your office or a code to log into your computer files disgruntled employees can wreck havoc and literally shut your company down if you have enough clients that they have access to.
Performing a background check for a small company who runs an office is extremely important and cheaper than you might think. For a small fee you can check out someones past on the internet with a reliable company and see if you can let them have access to your accounting your checkbook and your human resources. Personal and private information has to be shared with someone but make sure it is someone you can trust from their background and not just their word.
Even more important are the people you employ in your home. Babysitters contractors landscapers and everyone you allow into your home to do work should have references and a professional background check. Any one who is has access to your home and knows when you come and go will know when to strike if they want to invade your home. Every day the news broadcasts stories about people who take the opportunity of gaining access to a home in order to take advantage of them. No one can afford this risk especially when a background check is easy affordable and accessible. When you get reliable information on someone, you can make a decision as to what access they can have to your property your person and your life.
Robert Bibb has been a consumer advocate and entrepreneur for many
years. He lives in West Virginia where he is an avid kayaker and computer enthusiast who owns an SEO company. http://www.ciadata.com
Background Checks Can Be A Necessary Part Of The Business World
You never know who you may be hiring to work for you and that is why you should always be on the look out for the people you hire. Sometimes, the place you work could have some sensitive material that you need trust worthy people working with. You can not just hire any one to work with these materials. You may end up with someone that could compromise your work. Not only could it harm your work place to have someone unfit working for you, but it could also be dangerous if you are looking for someone to work inside of your home. To prevent thievery or acts of violence in your home, you can simply have someone do a background check on the person you are looking to hire. It could save you heartache in the future. Not only that, if you were in need of someone to work around children, such as in schools, it would be a safe choice to perform background checks on applicants. Remember, it is always better to be safe than sorry.
There are many reasons why someone would hire someone to come to their home and work. They could need a grounds keeper, nanny, or even a maid. Either way, no matter who you are about to hire, you should perform a background check on all of the applicants. You need to be sure that you do not hire someone unfit to come into your home and be around you and your family. By unfit I mean someone who has a criminal record. Without knowing, you could hire someone who has a history in drugs or violence. Anyone like that is unfit to be around your children and the rest of your family. To make sure that your home and family stay safe, have background checks done on anyone who wishes to apply to work for you.
School should be a safe fun environment for our children. It should be a place where we can leave our children at for a day and not worry about anything happening to them. That is why a background check should be performed on anyone who applies to work for the one school near you. Anyone from janitors to the principal should have one done on them. You need to make sure that the people that are around your children are not violet people or drug users. Your children should not be subjected to such people, especially at school. You could be just one background check away from keeping the children in your local school district safe.
Robert Bibb has been a consumer advocate and entrepreneur for many years. He lives in West Virginia where he is an avid kayaker and computer enthusiast who owns an SEO company and writes about the growing industry in his spare time. http://www.backgroundpi.com
How To Get A Commercial Lawsuit Loan?
A commercial lawsuit case is mostly civil tort in nature and usually brought by one damaged party, either an individual or a business entity, against another business entity.
Commercial litigation takes in any type of litigation or controversy related to the conduct of business. Commercial transactions can give rise to commercial disputes. Commercial disputes often turn into litigation, and the victim party takes the help of an expert commercial litigation attorney and turn to the courts for resolution of the dispute.
Most of plaintiffs involved in commercial lawsuits do not realize that they can get cash advance before their case settles. Commercial Lawsuit funding is also called as Lawsuit loan, Legal finance or lawsuit pre-settlement cash advance. But these are not loans because the money does not have to be paid back unless the case is won or settled.
Any litigation matter can have a serious impact on a business .Commercial litigation can be daunting. The financial and commercial risk is always significant with the outcome often making or breaking the plaintiff.
Cash flow for plaintiffs in commercial litigation is critical to maintain financial stability with their business and/or personal endeavors. Yet ensuring adequate cash flow can be difficult when their business is involved in a lawsuit.
Litigation expenses can drain personal and business assets, News of their litigation can scare away new and current customers. Their investors pull away their financing due to the uncertainty of litigation and its impact on future business returns.
A Lawsuit loan allows plaintiffs to leverage the expected settlement from their case to obtain the capital they need now. Commercial legal finance is; non-recourse, plaintiff business only repays the advance and interest if their case is successful.
They can use the legal finance the way they like. Unrestricted use of cash, use the money for fixed and variable costs such as payroll and operating expenses or to pay down debt. Legal finance can also be used to invest in the expansion of their business, which maintains the confidence of creditors, investors and employees.
Lawsuit loans are available for many types of commercial lawsuits. Some of these are as following :
1. Breach of contract
2. Fraud
3. Environmental litigation 4. Patent claims, Copyright litigation and other Intellectual property disputes
5. Real estate disputes 6. Securities frauds and Shareholders lawsuits
Lawsuit loans or Legal finance: How does it work?
This total process is confidential, prompt and discreet:
1. The first step is to complete an application form.
Making an application is free and there is no obligation.
Submit supporting case documents.
2. Plaintiff authorizes attorney to release case information to underwriters.
3. Thorough underwriting process to qualify client.
4. Forward for further underwriting if required.
5. If approved plaintiff completes funding agreement.
6. Bank check delivered to plaintiff.
7. Plaintiff payback upon successful settlement/verdict of case.
8. If plaintiff loses case, plaintiff owes nothing to funding company.
A lot of businesses are being forced to settle early for way less than they deserve because they simply can’t afford to wait any longer. There is no reason for them to settle for less than their case is worth.
Paul Sherman is a Legal Funding Consultant. He offers free, professional, and independent advice to plaintiffs (incl. business owners) & Attorneys. To apply for Lawsuit loan & Structured settlement funding please visit: http://www.easylawsuitfunding.com
Zyprexa Lawsuit Cash Advance - No-Risk Lawsuit Loan
Plaintiffs involved in pharmaceuticals lawsuits like Zyprexa and Fen-phen etc, can now get Lawsuit cash advances. 99% of plaintiffs involved in lawsuits do not realize they can get cash advance while they are waiting for their settlement money.
Zyprexa (olanzapine) is a second generation or atypical antipsychotic medication produced by Eli Lilly and company. Zyprexa was FDA approved for the short-term treatment of acute manic episodes in bipolar disorder.
In 2003 the FDA required that the class of drugs known as atypical antipsychotic, including Zyprexa, include warnings about increased risk to patients of development of diabetes and hyperglycemia. In 2004, a federal prosecutor announced an investigation of Eli Lilly, in relation to the techniques it has used to market Zyprexa.
To date, over 16 million people have used this drug. The FDA has identified there have been 384 reports of diabetes Zyprexa side effects, including 23 deaths. There have been many questions regarding the popular drug Zyprexa and its safety. The potentially fatal Zyprexa side effects have resulted in Zyprexa lawsuits.
A risk free source of legal finance is now available for plaintiffs involved in Zyprexa or other pharmaceutical lawsuits. It is called lawsuit funding or often referred as Lawsuit loans, Lawsuit funding, Legal finance, or a Personal injury settlement, but these are not loans because the money does not have to be paid back unless the case is won or settled.
Pharmaceutical drug litigation can take years to settle, which can be a problem if they are sick or are unable to work. They can have a solid pharmaceutical drug litigation claim and a strong legal team, but the drug companies have deep pockets.
It does not seem fair for the plaintiffs, that even if they have won their Zyprexa litigation, the money they get may come too late. They need money now. Most of the plaintiffs, because of their health conditions have missed work or lost their jobs. They can no longer meet their mortgage/ rent or car payments. Many of them may be one or two payments away from foreclosures. They may be in need of medical treatments. They need to pay education expenses of their children.
These are some genuine reasons for plaintiffs to go ahead and secure a lawsuit funding. I believe if a Zyprexa plaintiff is in dire financial straits, it may be appropriate to obtain a lawsuit loan, but from a good company only.
Paul Sherman is a Legal Funding Consultant. He offers free, professional, and independent advice to plaintiffs (incl. business owners) & Attorneys. To apply for Lawsuit loan & Structured settlement funding please visit: http://www.easylawsuitfunding.com
Understanding Start Up Home Based Business Laws
Starting an Internet home based business is a surprisingly small time consuming task when it comes to the legal details. It is frequently virtually effort free and very low cost.
When it comes to complying with local business laws and regulations, such as licensing, you will find it to be a snap.
The reason for this is that the main concern with so many municipalities is zoning. Why on Earth zoning you reasonably ask?
The reason behind zoning regulations for businesses involves the amount of walk in and drive in traffic that a residential or semi residential community would have to endure with the addition of a home business in the neighborhood.
To be honest with you what terrorizes many people, especially with children, is that they are afraid this will be a front for some kind of drug pushers. As in cold blooded criminals who care about money and not at all about you or your family.
An online home based business seldom meets resistance by local authorities, because it is reasonable to assume and easy to prove that this type of business does not typically have client traffic.
An Internet home business, just as the name indicates, is conducted on the Web and not the street or sidewalk.
Clients are met and communicated with by Web, cell phone, traditional phone and fax. None of this would disturb the neighbors. This actually increases the intellectual quality of neighborhoods. Business owners tend to pay more taxes also.
In fact, the major hurdle of having the business there is the outside noise, distraction and interruption problems experienced by the Internet business owner him or her self. The interruptions and noise of the neighbors.
The opposite is seldom true. Internet home enterprise owners can be in business for years before, if ever, their neighbors even know they have a home business.
Here are procedures typical of complying with local home business regulations. Each municipality, and particularly each state, will have different costs and compliance requirements. Virtually all of them vary very little.
In Phoenix, for example, applications for local business licenses is $20 and the annual fee is $50. This is prorated for a portion of a calendar year the first year.
The application is directly to the point and easy to complete. Cities will want to know the business name industry, and whether it is a sole proprietorship, partnership, LLC or corporation.
The Internet home based business owner has to provide the full address, whether it is a rental property or owned and if the business records are stored there or elsewhere (and where that other location is) and whether it is a brand new business or one you just bought.
In a lot of South Carolina, on the other hand, the additional question asked of an Internet business or any home business is how much, if any, client or vendor traffic is expected.
They will also inquire as to what the product or products sold, type of business conducted in the course of the business day, and what type of business activities the proprietor and staff, if any, is engaged in during the course of that day.
These questions are to determine if the business is going to be disruptive to the neighborhood which the police would not appreciate. The business license fee starts at $20 (no application fee) and the first year is based on anticipated gross revenue.
Years after this, the owner is asked to divulge the gross profit of the prior year and from that the license fee is determined. Naturally the higher the gross profits the higher the business license fee.
Before you start your Internet home based business in compliance with the laws, the first stop to make, either in person or online, is the office of the city clerk. Sometimes this will be located at your city county building.
James M. Lowe writes original articles, press releases, e-books, blogs and websites about home business opportunities.
http://www.contenttomarket.com/articlewriters/
Committed Any Crimes Lately?
If you’ve been accused of a crime, it’s likely you’ll want to hire an attorney for criminal defense. There are some times more than others where this is terribly important. The severity of the crime, your background or your innocence can really help determine how important it is to hire an attorney for criminal defense over going with what the public defenders office provides.
Crimes come in two major classes: misdemeanor and felony. A felony crime is the most serious class of crime and it brings with it the distinction of staying on your record pretty much forever. If you’ve been accused of a felony, getting an attorney for criminal defense can be very important. The more adept your attorney for criminal defense is the more likely you are to get a fair shake whether you’re innocent or not. A good attorney for defense will argue in your favor and fight for your cause.
Whether you’re innocent or not, a good attorney for criminal defense might be able to:
* Get you off of the charge all together. This might not always be possible depending on the circumstances of the case, but if the charges are weak, a good defense lawyer might be able to see this through before a trial even happens.
* Get the charge’s severity dropped based on circumstances of the case. There are times when a lesser charge is more appropriate based on the proof the prosecution is presenting and other mitigating circumstances. If, for example, you’ve been charged with a felony battery, but your defense lawyer can prove you were pushed beyond human limits before you reacted, a lesser charge could be in order.
* Enable you to get a plea agreement that might lessen jail time or other punishment. This doesn’t always happen, but when it does, a plea could save you jail time and even felony charges.
* Prove your innocence, if you are, and alleviate any questions others might have in the future
* Find a technicality
When it comes to felonies, however, these can be very reaching. A felony check-writing disaster might be considered less ’severe’ in some books than a murder. If you’ve been charged with either, consider these things before you break your bank trying to get off on the charge:
* Your innocence. If you are, stop at nothing to prove it. When a felony is in the works, the ramifications can follow you for a lifetime. It’s imperative to get the charge dropped, thrown out or proven false.
* Your ability to pay. A good attorney for criminal defense will work with you on this, but why pay out thousands of dollars if you know you’re guilty and there’s no chance of getting the charges dropped or reduced?
* Your background. If you’ve never been in trouble before, but you’re now facing a ‘minor’ charge, a good lawyer could be your best friend. A clean background can be very helpful in getting charges mitigated.
No one wants to face the wrong side of the criminal system, but sometimes even the innocent do. Before you decide whether to pay out lots of money for an attorney for criminal defense, carefully weigh your case and its circumstances. Sometimes a public defender might be able to achieve what needs to be done without strapping your budget. Other times, nothing but the best available will do.
For more information, visit:
http://www.criminaldefensedirect.com
Hiring An Accident Lawyer Takes Consideration
If you’ve been injured in an accident that’s serious enough to require legal representation, you owe it to yourself and your family to ensure that you hire a good lawyer. This means being cautious about ambulance chasers and taking the time to check out backgrounds before hiring an accident lawyer.
Whether it’s a car accident, a slip and fall or some other form of catastrophe that led to the injury, a good accident lawyer will work for you, not just for money. Hiring a lawyer takes time, consideration and patience to be certain the best person for the job has been hired. For those who are uncomfortable hiring a lawyer, when a serious injury is involved, lost wages, medical bills and other needs might stack up and require the hiring of an accident lawyer.
If you’ve been injured in an accident, there are some things to consider before evening making the decision to hire an accident lawyer:
* How serious is the injury that resulted from the accident? Litigation over a minor scrape or bump might not be wise, but if you’ve been side-tracked from your professional or personal life, hiring a lawyer makes good sense.
* Are the damages you’ve suffered enough to require the hiring of an accident lawyer? For example, if your injuries are very minor and your expenses are covered completely by your own insurance, is it really necessary to hire an accident lawyer? Clogging up the legal system with unnecessary cases doesn’t do anyone any good. A good lawyer won’t take a frivolous case.
* What do you have to gain?
* Do you have a solid case?
If you’ve answered these questions and feel you need to hire an accident lawyer, don’t run out and hire the first one you find. You need to consider some things first. Before you agree to hire a lawyer make sure:
* The lawyer you’re hiring has experience in both in and out of court cases. If you case should go to trial, getting a rookie might not be the best.
* The accident lawyer only charges if your case is won. This is very important, especially if you’ve been out of work due to the injury. If your lawyer doesn’t offer this agreement, don’t consider hiring. A good accident lawyer has confidence in his or her ability to win and will therefore hold off charging until a victory has been obtained.
* Free consultation. A good accident lawyer should be willing to hear your case at no charge. Take advantage of this so you can decide if you want to work with this person. It’s important you feel comfortable with the accident lawyer you’re considering hiring. A good line of communication is important to help a case along.
* Check into the accident lawyer’s background. Make sure he or she has proper licensing within your state and is in good standing with the bar association.
Hiring an accident lawyer is a very big undertaking. Since you’re likely injured and have suffered financial loss, it’s important to ensure you hire the best professional for the right reasons.
For more information on accident lawyers, visit:
http://www.accidentlawyeraid.com
or
http://www.caraccidentlawyeronline.com
How Important is Personal Injury Attorney Licensing?
If you are in search of a personal injury attorney, you have probably got a list of qualities in mind that you want this person to satisfy. You want someone who will attend to your personal injury case with the greatest professionalism and care. That is why a personal injury attorney has to have a license. This license comes in many forms; often a personal injury will have a practice license, meaning that they are certified to be a personal injury attorney. This also means that they get a license from the law department acknowledging them as persons who will act within the laws of a personal injury attorney.
The other type of licensing is the one that a personal injury attorney gets from the state. This means that the personal injury attorney can get a license to act within a certain state or states. When the laws of the different states are similar, most personal injury attorneys will seek licensing in more than one state. This enables them to expand their clientele and thereby provide more diverse servicing. Most personal injury attorneys also have firms which are also licensed as a business, giving them the permission to carry out their personal injury practice.
When consulting with a personal injury attorney, it is wise to remember these things, as this will help you avoid any personal injury attorney scams. This also gives you the client the piece of mind to know that your personal injury claims are being handled accordingly.
Being informed about your chosen personal injury attorney helps you maintain the confidence you need to know that you will not end up in any sort of trouble or in debt as a result of some personal injury scam. The best way you can be sure that your personal injury attorney is the real deal is to ask. This requires you to do the necessary homework by contacting various personal injury attorneys for free consultations to get and compare advice.
Emanuele Allenti offers valuable tips and help about personal injury attorney at http://www.incredible-personal-injury-attorneys-4-all.info and http://www.incredible-personal-injury-attorneys-tips.info websites. Enter now!